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HULSE v. SIMOES

18549/07, Seq. Number 004

2009 NY Slip Op 30071 (U)

MARION T. HULSE, Plaintiff, v. JOSE SIMOES, Defendant.

Supreme Court of the State of New York, Nassau County.

January 9, 2009.

Motion Date: December 17, 2008.

Attorney(s) appearing for the Case

Jeffrey Hulse, Esq. Attorney for Plaintiff Hauppauge, NY.

Baxter Smith Tassan & Shapiro, P.C. By: David L. Rosinsky, Esq. Attorneys for Defendant Jericho, NY.

DANIEL R. PALMIERI, Judge.

The defendant's motion pursuant to CPLR 3126 and CPLR 3212, dismissing the complaint for alleged spoliation of evidence or, in the alternative, precluding the use of any evidence from Joseph Schmitt, P.E, or for summary judgment dismissing the complaint for want of a prima facie case, is granted to the extent that summary judgment is granted to the defendant pursuant to CPLR 3212 and the complaint is dismissed. The other branches of the...

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